Latest regulations on the authority to investigate criminal cases in Vietnam

Latest regulations on the authority to investigate criminal cases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Latest regulations on the authority to investigate criminal cases in Vietnam

The authority to investigate criminal cases in Vietnam under Article 163 of the Criminal Procedure Code 2015 is as follows:

- Investigation authorities of the people’s police force shall delve into every crime, save those falling into the powers of investigation authorities of the People’s Army or of the Supreme People’s Procuracy.

- Investigation authorities of the People’s Army shall inquire into crimes falling into the jurisdiction of a military Court.

- Investigation authorities of Supreme People’s Procuracy or Central military procuracy shall probe violations of judicial activities, corruption, and breach of positions in the sector of justice, as defined in chapter XXIII and chapter XXIV of the Criminal Code, against offenders as officials and employees of investigation authorities, Courts, procuracies, law enforcement authorities and against individuals empowered to engage in judicial activities.

- Investigation authorities are authorized to investigate criminal cases that occur in their assigned territories. If crimes occur in various or unidentified places, the investigation authority adjacent to the offender's place of exposure, of residence or of capture shall conduct investigative activities.

- The hierarchy of investigation is composed of:

+ District investigation authorities and local military investigation authorities shall conduct criminal investigations into crimes within juridisction of a district Court or local military Court;

+ Provincial investigation authorities shall carry out criminal investigations into crimes within the jurisdiction of a provincial Court. Provincial investigation authorities shall, if their direct involvement is deemed vital, inquire into cases within the investigative powers of district investigation authorities, which happen in various district, towns, provincial cities, cities under centrally-affiliated cities or denote foreign elements.

Military investigation authorities of military zones shall conduct criminal investigations into crimes within the jurisdiction of a military Court of a military zone or, if their direct engagement is deemed essential, within the powers of local investigation authorities.

+ Investigation authorities of the Ministry of Public Security or Ministry of Defense shall conduct criminal investigations into severe felonies, which were dismissed by orders of the judges' panel of the Supreme People’s Court for re-investigation.

Moreover, such authorities, if their direct involvement is deemed imperative, shall conduct criminal investigations into severe and complex felonies involving several provinces and centrally-affiliated cities or many countries.

2. Regulations on transfer of cases for investigation in Vietnam

Regulations on transfer of cases for investigation under Article 169 of the Criminal Procedure Code 2015 are as follows:

- An equivalent Procuracy shall decide to transfer a case for investigation in one of the following events:

+ An equivalent investigation authority considers the case beyond its investigative powers and requests case transfer;

+ A superior investigation authority withdraws the case for investigation;

+ The investigator replaced is the head of the investigation authority;

+ The procuracy requests case transfer but the investigation authority does not respond.

- The provincial People’s Procuracy or military People’s Procuracy of military zone shall decide to have cases transferred out of a province, centrally-affiliated city or military zone, respectively.

- A case is transferred for intra vires investigation through the following formalities:

+ The competent Procuracy shall, in 03 days upon receiving a request from the investigation authority, decide to transfer the case;

+ The procuracy shall, in 24 hours upon making a decision on case transfer, deliver such decision to the investigation authority inquiring into the case, the investigation authority authorized to continue investigation, suspect or his representative, defense counsel, crime victim and competent Procuracy.

- The investigation authority inquiring into the case shall, in 03 days upon receiving the decision on case transfer, be held responsible for transferring the case to the investigation authority authorized to continue investigation.

- The time limit for investigation resumes upon the investigation authority's receipt of the case file and continues to the end of the time limit as defined in the Criminal Procedure Code 2015.

If the investigation is incomplete at the end of its time limit, the competent Procuracy shall consider and decide an extension of the investigation according to general stipulations in the Criminal Procedure Code 2015.

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